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These Terms and Conditions (referred to as Terms) apply to the client using our Services.
In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
DEFINITIONS
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services.
Materials means e-books, e-courses, literature, newsletters, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you from time to time.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Services means face to face individual and group coaching services including virtual coaching calls, group discussion platform, and related services provided by us, and as agreed from time to time.
We, Our and Us means Suzanne Solier (ABN: 23 302 020 945) including its directors, employees, contractors and affiliates.
Website means feelbettertapping.com.
You means the client using the Services.
SERVICES
We will provide the Services to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.
We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.
Any specific terms and requirements relating to the Services must be notified to us in advance and agreed in writing.
In order to receive benefit from the Services, we recommend that you commit to the full period for our sessions and programs.
Services may be provided face-to-face or via web-based means (such as Zoom, Messenger, Google Meet or similar) or as otherwise agreed. You are responsible for ensuring that you have the appropriate facilities to access and participate in the Services.
Where we provide any group programs or services with other participants, by agreeing to these Terms and participating in our Services, you agree to abide by our Group Forum Rules below.
PAYMENT
By providing us with your payment and credit card details, you authorise payment for the Services.
In the event that you have chosen payments to be made on a recurring basis, you hereby authorise such payments to be deducted by us until the full payment has been made under these Terms.
All sessions or Services are non-transferrable. In addition, no sessions may include or be attended by any other person or third party unless agreed in advance in writing.
In the event that we fail to receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and may terminate the engagement immediately without notice.
All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.
CANCELLATIONS
If you fail to attend a scheduled appointment, or you do not provide more than 24 hours notice of cancellation, you will be charged the full fee for the unattended session.
If you arrive late to an appointment, you will receive the balance of time allocated to you.
If you are late to a group session, the session will still finish at the scheduled time in order to avoid negatively impacting the sessions following yours and to ensure all group participants are not kept waiting.
You will also be charged the full amount for the session.
If we are late to an appointment you will receive a full session or an alternative arrangement agreed between us and you.
GROUP FORUM RULES
In using our Services and participating in any group sessions or forums, you agree to the following:
(a) Any recommendations, comments, information, experiences or other discussions you may participate in (Comments) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally.
(b) Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group.
In particular, you will not take photos of any participant nor record any session in whole or in part, at any time. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken. This clause survives termination of our Services.
(c) Comments, including verbal and written, are not permitted that:
· use aggressive, rude or offensive language;
· encourage illegal intent including false claims, defamation, harassment, fraud and collusion;
· solicit business;
· are abusive or malicious against or may offend any other participant, our staff or any third party;
· are objectionable or rude; or
· may be considered bullying behaviour.
(d) The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner.
(e) You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Terms.
(f) You understand and agree that we will take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of your Comments.
(g) Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act on any such information at your own risk and need to make your own enquiries before taking any action related to any Comment.
(h) Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.
RIGHT TO RECORD SESSIONS AND CONFIDENTIALITY
You understand that we record our group sessions and share them online with group participants as part of our Services. By using our Services, you give us permission to make audio and video recordings of group sessions, share them online with all participants in the same group for their benefit as part of the Services, and store the recordings indefinitely.
You may access the recordings until our engagement and Services are cancelled or terminated under these Terms.
Both parties agree to:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
all Confidential Information provided under these Terms or as part of the Services except:
i. as required by law or any regulatory authority;
ii. with the express written consent of the party that provided the information;
iii. which the party using or disclosing the information or otherwise can establish is in the public domain (other than through a breach of these Terms by that party); or
iv. in the case of any proposed, threatened or potential emergency involving you, in which case we will only disclose the information to a qualified medical professional and/or agreed nominated individual such as a family member, guardian or friend.
We will not at any time disclose or allow access by any person or third party to any of the Confidential Information, except if the disclosure or access is to other participants in the same group session who have also accepted these Terms, or unless the disclosure or access is required to perform the Services in which case we will ensure that the person or third party are under the same duty of confidentiality as we are under these Terms.
We will store all Confidential Information in encrypted storage media and only transfer all such information over encrypted communications.
These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.
WARRANTIES AND REFUND
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded..
We represent and warrant that:
(a) in providing the Services, we will comply with all applicable laws and industry standards;
(b) the Services will be provided to a high standard in accordance with best practice; and
(c) the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.
Refunds for One-on-one sessions: you may request a refund in writing including reasons for this request within 48 hours of the first session only. Any one-on-one session provided after the first session is non-refundable at any time.
Refunds for Group sessions and Programs: A refund request in writing within 48 hours of commencing the group sessions will be provided. Any other refund may be in our sole discretion.
PARTICIPATION DISCLAIMER
You acknowledge and agree that:
(a) results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control;
(b) we cannot and do not guarantee any particular or any results including but not limited to any success in quitting any addiction or unwanted behaviour;
(c) you are solely responsible for your own progress. You are not to participate in any of our sessions or programs if you suffer from psychosis, are on any mind altering drugs or other hallucinogens;
(d) if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance;
(e) It is a personal decision to decide to quit any activity (such as quitting smoking). We recognize that there are external pressures and reasons to consider continuing with the activity (like smoking) and to stop the activity (like not smoking). You need to make your own decision, enquiries and analysis, including seeking advice from a qualified professional, and decide if your own choice is suitable for your own particular purposes or situation; and
(f) Your health is important to us. You need to make your own enquiries to determine if the information, programs, products and services offered are appropriate for your intended use and suitable for your needs prior to engaging in any sessions or programs.
Our products and information are not to be intended or to be construed as or to replace professional medical or health advice. The sessions and information provided in our packages may affect your health as smoking is a serious condition for some participants. All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances. You should consult your healthcare professional prior to commencing any treatment.
DISPUTES
If you are not satisfied with our service, please contact us. We take complaints seriously and aim to resolve them quickly and fairly.
If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns.
Feedback and discussion are important to the sessions and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
However if you remain dissatisfied with our response, you may contact the Health Complaints Commissioner (HCC). The HCC responds to complaints about health services and the handling of health information in Victoria. Their service is free, confidential, and impartial.
To lodge a complaint with the Health Complaints Commissioner (HCC):
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party.
Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
INTELLECTUAL PROPERTY
We may provide you with Materials from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied.
Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times.
No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.
TERMINATION
If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly.
We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services.
In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.
In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.
LIMITATION OF LIABILITY AND INDEMNITY
We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services.
You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
Our liability is governed solely by the Australian Consumer Law (ACL) and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third-party claims.
In particular, you acknowledge that the Services are provided as a guide for your personal health and well-being. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions based on any discussions or information we may provide.
In any case, our liability is limited at all times to the amount of the last invoice fees paid by you.
GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the State of Victoria, Australia.
Both parties agree to unconditionally submitting to the exclusive jurisdiction of the Courts of Victoria, Australia for determining any dispute concerning these Terms.
Copyright © 2024 Feel Better Tapping - 80 Paisley Street, Footscray VIC 3011 - ABN: 23 302 020 945 - All Rights Reserved.
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